Free Status Report - District Court of Colorado - Colorado

Case 1:04-cr-00430-WDM

Document 28

Filed 12/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 04-cr-00430-WDM UNITED STATES OF AMERICA, Plaintiff, v. 1. CARL E. SCHUMANN, Defendant. _____________________________________________________________________________ STATUS AND MOTION TO CONTINUE CHANGE OF PLEA HEARING _____________________________________________________________________________ Carl E. Schumann, through counsel, submits this status report and requests a continuance of his change of plea hearing. As grounds, Mr. Schumann states the following: 1. On April 25, 2006, defendant filed a Motion to Continue Change of Plea Hearing,

setting forth in detail the procedural history of this case as well as the history of his appeal in the Ninth Circuit in case number CR-04-00464 - PMP/DAL. 2. On August 28, 2006, Mr. Schuman updated the court stating that his Ninth Circuit

case was set for oral argument in front of the Ninth Circuit Court of Appeals in San Francisco, California on October 18, 2006, at 9:00 a.m. Again, Mr. Schumann requested a continuance of the change of plea to wait for the results of the Ninth Circuit appeal. 3. As of the writing of this motion, the docket sheet from the Ninth Circuit

(attached) indicates that Mr. Schumann's case was argued and submitted on October 18, 2006. No opinion has yet been issued.

Case 1:04-cr-00430-WDM

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Filed 12/27/2006

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4.

The parties continue to agree that the outcome of defendant's appeal in the Ninth

Circuit will effect the disposition and sentencing in this case. 5. Counsel has been unable to contact Assistant United States Attorney, Dave

Conner. However, both parties have been waiting for the Ninth Circuit opinion in order to reach a plea agreement and prepare the appropriate paperwork 6. Mr. Schuman requests that the Court re-set his case for a status hearing and/or a

Change of Plea hearing in 90 days. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Susan L. Fisch SUSAN L. FISCH Assistant Federal Public Defender 633 - 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:04-cr-00430-WDM

Document 28

Filed 12/27/2006

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CERTIFICATE OF SERVICE I hereby certify that on December 27, 2006, I electronically filed the foregoing STATUS AND MOTION TO CONTINUE CHANGE OF PLEA HEARING with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

David M. Conner, Assistant U.S. Attorney [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name:

s/ Susan L. Fisch Susan L. Fisch Assistant Federal Public Defender 633 - 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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